No. 25-6660

Demetrius Franklin v. Raymond Madden, Warden

Lower Court: Ninth Circuit
Docketed: 2026-01-23
Status: Pending
Type: IFP
Response WaivedIFP
Tags: brady-violation certificate-of-appealability habeas-corpus ninth-circuit prosecutorial-misconduct summary-denial
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2026-02-20
Question Presented (AI Summary)

Did the Ninth Circuit's summary denial of a Certificate of Appealability (COA) so clearly misapply Buck's standard for granting a COA as to call for reversal and remand?

Question Presented (OCR Extract)

Petitio ner Demetrius Franklin was convicted of first degree murder based on the testimony of a single identifying witness , Shanti Day. The prosecution failed to discl ose the following material and favorable evidence to Franklin : Day’s felony charge was reduced to a misdemeanor on the same day that Franklin was charged with first degree murder; the investigating officers provided assistance to Day in fighting her felony charge; and an officer from the homicide bureau wrote a letter to the presiding judge in Day’s criminal case requesting that the fine levied against her be dropped. But w hen presented with this evidence , the state court failed to perform the proper analysis this Court required in Brady v. Maryland , 373 U.S. 83 (1963), and the district court held that even if the prosecution should have disclosed the evidence regarding the only identifying witness , Franklin had not shown that the evidence was material. The Ninth Circuit then summarily denied even a certificate of appealability (“COA”) , effectively deeming these decisions “not even debatable.” Buck v. Davis , 580 U.S. 100, 116 (2017). The question presented is thus: d id the Ninth Circuit’s summary denial of a COA here so clearly misapply Buck ’s modest standard for granting a COA as to call for reversal and remand?

Docket Entries

2026-02-05
DISTRIBUTED for Conference of 2/20/2026.
2026-01-27
Waiver of Raymond Madden of right to respond submitted.
2026-01-27
Waiver of right of respondent Raymond Madden to respond filed.
2026-01-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 23, 2026)

Attorneys

Demetrius Franklin
Estalyn MarquisOffice of The Federal Public Defender, Petitioner
Estalyn MarquisOffice of The Federal Public Defender, Petitioner
Raymond Madden
Julie Ann HarrisOffice of the Attorney General, Respondent
Julie Ann HarrisOffice of the Attorney General, Respondent